In 2016 a jury found him guilty him of three charges: sexually assaulting an intoxicated victim, sexually assaulting an unconscious victim and attempting to rape her.

Although prosecutors had sought a six-year term for his crimes, Turner was sentenced to six months and released after serving three.

The case judge, Aaron Persky, was widely criticised for leniency and removed from office by voters earlier this year after a recall campaign.

Image copyrightGetty Images

Image caption
Judge Aaron Persky was voted out in Santa Clara County after being cleared of misconduct by the California Commission on Judicial Performance

In July’s Turner’s lawyer Eric Multhaup argued gaps in the prosecution’s case meant jurors had used “speculation” and “filled in the blanks” to reach their guilty verdicts.

He told the court justices there was no evidence to prove at what point the woman lost consciousness, and argued his client did not intend to the rape because he was found fully clothed, instead describing Turner’s actions as “outercourse”.

But the appeal court on Wednesday said the trial was fair and upheld his convictions.

Turner could still petition the state’s supreme court to consider an appeal.

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